BILL NUMBER: AB 2177	CHAPTERED  09/30/00

	CHAPTER   1030
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 30, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 12, 2000

INTRODUCED BY   Committee on Public Employees, Retirement and Social
Security (Correa (Chair), Firebaugh, Honda, and Knox)

                        FEBRUARY 23, 2000

   An act to amend Sections 20677, 20962, 20966, and 21354.1 of, and
to add Sections 3562.2, 20635.1, 20636.1, 20687.1, and 20831.1 to,
the Government Code, relating to school employees' retirement, and
making an appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2177, Committee on Public Employees, Retirement and Social
Security.  School employees' retirement:  contributions.
   (1) Under the Public Employees' Retirement Law, a member's service
retirement allowance is calculated as a percentage of the member's
final compensation for each year of credited service; however,
compensation and hours for overtime are excluded for purposes of that
calculation.  Overtime is defined under existing law for these
purposes as service performed in excess of the normal hours of work
for full-time employees, as specified.
   This bill would provide that, for school members, overtime shall
be service in excess of 40 hours of work per week.
   (2) The Public Employees' Retirement Law  defines compensation
earnable for the purposes of that law.
   This bill would provide an alternative definition of compensation
earnable for school members and would require a school employer who
fails or refuses to report an employee's compensation earnable to pay
administrative costs, as specified.
   (3) Under the Public Employees' Retirement Law, member
contribution rates and service retirement benefits are reduced by
specified amounts if the member's service is included in the federal
system.
   This bill would delete both of those reductions with respect to
school members whose service is included in the federal system.  By
increasing the contributions of those members, the bill would make an
appropriation to the Public Employees' Retirement Fund, a
continuously appropriated special fund.
   (4) Under the Public Employees' Retirement Law, specified
employees of the California State University police department are
classified as state peace officer/firefighter members and, as such,
are subject to a member contribution rate of 8% of compensation in
excess of $238 per month.
   This bill would provide that, if  not in conflict with a
memorandum of understanding between the Trustees of the California
State University and the recognized employee organization, those
members shall be subject to a contribution rate of 8% of compensation
in excess of $863 per month.
   (5) Existing law defines "scope of representation" for purposes of
employer-employee relations of the California State University to
mean wages, hours of employment, and other terms and conditions of
employment.
   This bill would add to that definition any retirement benefits
available to a state member under the Public Employees' Retirement
Law.
   (6) This bill would incorporate additional changes to Section
20677 of the Government Code proposed by AB 2642 to take effect if
this bill and that bill are enacted and become effective on or before
January 1, 2001, and this bill is enacted last.
   (7) This bill would incorporate additional changes to Section
21354.1 of the Government Code proposed by SB 1396 to take effect if
this bill and that bill are enacted and become effective on or before
January 1, 2001, and this bill is enacted last.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3562.2 is added to the Government Code, to
read:
   3562.2.  Notwithstanding subdivision (r) of Section 3562, for
purposes of the California State University only, "scope of
representation" also means any retirement benefits available to a
state member under Part 3 (commencing with Section 2000) of Title 2.

  SEC. 2.  Section 20635.1 is added to the Government Code, to read:

   20635.1.  Notwithstanding Section 20635, and Section 45102 of the
Education Code, when the compensation of a school member is a factor
in any computation to be made under this part, there shall be
excluded from those computations any compensation based on overtime
put in by a member whose service retirement allowance is a fixed
percentage of final compensation for each year of credited service.
For the purposes of this part, overtime for school members is the
aggregate service performed by an employee as a member for all school
employers and in all categories of employment in excess of 40 hours
of work per week, and for which monetary compensation is paid.
   If a school member concurrently renders service in two or more
positions, one or more of which is full time, service in the
part-time position shall constitute overtime.  If two or more
positions are permanent and full time, the position with the highest
payrate or base pay shall be reported to this system.
  SEC. 3.  Section 20636.1 is added to the Government Code, to read:

   20636.1.  (a) Notwithstanding Section 20636, and Section 45102 of
the Education Code, "compensation earnable" by a school member means
the payrate and special compensation of the member, as defined by
subdivisions (b) and (c), and as limited by Section 21752.5.
   (b) (1) "Payrate" means the normal monthly rate of pay or base pay
of the member paid in cash to similarly situated members of the same
group or class of employment for services rendered on a full-time
basis during normal working hours.  For noncertificated members,
where the normal work schedule is less than 40 hours per week,
payments for additional services rendered, not to exceed 40 hours per
week, shall be reported as compensation earnable for all months of
the year in which work is performed.  "Payrate," for a member who is
not in a group or class, means the monthly rate of pay or base pay of
the member, paid in cash and pursuant to publicly available pay
schedules, for services rendered on a full-time basis during normal
working hours, subject to the limitations of paragraph (2) of
subdivision (e).
   (A) For the purposes of this section, "noncertificated members"
shall mean members who retain membership under this system while
employed with a school employer in positions not subject to coverage
under the Defined Benefit Program under the State Teacher's
Retirement System.
   (B) For the purposes of this section, and Sections 20962 and
20966, "certificated members" shall mean members who retain
membership under this system while employed in positions subject to
coverage under the Defined Benefit Program under the State Teacher's
Retirement System.
   (2) The computation for any leave without pay of a member shall be
based on the compensation earnable by him or her at the beginning of
the absence.
   (3) The computation for time prior to entering state service shall
be based on the compensation earnable by him or her in the position
first held by him or her in state service.
   (c) (1) Special compensation of a school member includes any
payment received for special skills, knowledge, abilities, work
assignment, workdays or hours, or other work conditions.
   (2) Special compensation shall be limited to that which is
received by a member pursuant to a labor policy or agreement or as
otherwise required by state or federal law, to similarly situated
members of a group or class of employment that is in addition to
payrate.  If an individual is not part of a group or class, special
compensation shall be limited to that which the board determines is
received by similarly situated members in the closest related group
or class that is in addition to payrate, subject to the limitations
of paragraph (2) of subdivision (e).
   (3) Special compensation shall be for services rendered during
normal working hours and, when reported to the board, the employer
shall identify the pay period in which the special compensation was
earned.
   (4) Special compensation may include the full monetary value of
normal contributions paid to the board by the employer, on behalf of
the member and pursuant to Section 20691, provided that the employer'
s labor policy or agreement specifically provides for the inclusion
of the normal contribution payment in compensation earnable.
   (5) The monetary value of any service or noncash advantage
furnished by the employer to the member, except as expressly and
specifically provided in this part, shall not be special compensation
unless regulations promulgated by the board specifically determine
that value to be "special compensation."
   (6) The board shall promulgate regulations that delineate more
specifically and exclusively what constitutes "special compensation"
as used in this section.  A uniform allowance, the monetary value of
employer-provided uniforms, holiday pay, and premium pay for hours
worked within the normally scheduled or regular working hours that
are in excess of the statutory maximum workweek or work period
applicable to the employee under Section 201 et seq.  of Title 29 of
the United States Code shall be included as special compensation and
appropriately defined in those regulations.
   (7) Special compensation does not include any of the following:
   (A) Final settlement pay.
   (B) Payments made for additional services rendered outside of
normal working hours, whether paid in lump sum or otherwise.
   (C) Any other payments the board has not affirmatively determined
to be special compensation.
   (d) Notwithstanding any other provision of law, payrate and
special compensation schedules, ordinances, or similar documents
shall be public records available for public scrutiny.
   (e) (1) As used in this part, "group or class of employment" means
a number of employees considered together because they share
similarities in job duties, work location, collective bargaining
unit, or other logical work related grouping.  Under no circumstances
shall one employee be considered a group or class.
   (2) Increases in compensation earnable granted to any employee who
is not in a group or class shall be limited during the final
compensation period applicable to the employees, as well as the two
years immediately preceding the final compensation period, to the
average increase in compensation earnable during the same period
reported by the employer for all employees who are in the same
membership classification, except as may otherwise be determined
pursuant to regulations adopted by the board that establish
reasonable standards for granting exceptions.
   (f) As used in this part, "final settlement pay" means any pay or
cash conversions of employee benefits that are in excess of
compensation earnable, that are granted or awarded to a member in
connection with or in anticipation of a separation from employment.
The board shall promulgate regulations that delineate more
specifically what constitutes final settlement pay.
  SEC. 4.  Section 20677 of the Government Code is amended to read:
   20677.  (a) (1) The normal rate of contribution for a state
miscellaneous member whose service is not included in the federal
system shall be 6 percent of the compensation in excess of three
hundred seventeen dollars ($317) per month paid that member for
service rendered on and after July 1, 1976.  The normal rate of
contribution for a school member or a local miscellaneous member
shall be 7 percent of the compensation paid that member for service
rendered on and after June 21, 1971.
   (2) The normal rate of contribution for a state miscellaneous or
industrial member, who has elected to be subject to Section 21353.5
and whose service is not included in the federal system, shall be 6
percent of the member's compensation.
   (3) The normal rate of contribution as established under this
subdivision for a member whose service is included in the federal
system, and whose service retirement allowance is reduced under
Section 21353, 21353.5, 21354, or 21354.1 because of that inclusion,
shall be reduced by one-third as applied to compensation not
exceeding four hundred dollars ($400) per month for service after the
date of execution of the agreement including service in the federal
system and prior to termination of the agreement with respect to the
coverage group to which he or she belongs.  Notwithstanding the
foregoing, effective January 1, 2001, the normal rate of contribution
for school members whose service is included in the federal system
shall not be reduced pursuant to this paragraph as applied to
compensation earned on or after that date.
   (b) (1) The normal rate of contribution for a state miscellaneous
member whose service has been included in the federal system shall be
5 percent of compensation in excess of five hundred thirteen dollars
($513) per month paid that member for service rendered on and after
July 1, 1976.
   (2) The normal rate of contribution for a state miscellaneous or
industrial member, who has elected to be subject to Section 21353.5
and whose service has been included in the federal system, shall be 5
percent of compensation, subject to the reduction specified in
paragraph (3) of subdivision (a).
   (c) The normal rate of contribution for a state miscellaneous or
state industrial member who is subject to Section 21076 or Section
21077 shall be 0 percent.
   (d) A member who elected to become subject to Section 21353 solely
for service rendered on or after the effective date of the election,
as authorized by subdivision (c) of Section 21070 during the period
between November 1, 1988, and October 31, 1989, is not required to
make the contributions specified in Section 21073.
   (e) A member who elects to become subject to Section 21353 or
21354.1, as applicable, shall contribute at the rate specified in
paragraph (1) of subdivision (a) or paragraph (1) of subdivision (b),
as determined by the member's status with the federal system, and
the rate shall be applied from the first of the month following the
date of the election.  A member who makes the election shall also
contribute for service prior to the date the contribution rate was
applied, in the manner specified in Section 21073 or 21073.1, as
applicable.
  SEC. 4.5.  Section 20677 of the Government Code is amended to read:

   20677.  (a) (1) The normal rate of contribution for a state
miscellaneous member whose service is not included in the federal
system shall be 6 percent of the compensation in excess of three
hundred seventeen dollars ($317) per month paid that member for
service rendered on and after July 1, 1976.
   (2) The normal rate of contribution for a school member or a local
miscellaneous member shall be 7 percent of the compensation paid
that member for service rendered on and after June 21, 1971.
   (3) Notwithstanding paragraph (2), the normal rate of contribution
for a local miscellaneous member shall be 8 percent of the
compensation paid that member for service rendered on and after the
date the member's contracting agency elects to make local
miscellaneous members subject to the benefit formula provided in
Section 21354.3.
   (4) Notwithstanding paragraph (2), the normal rate of contribution
for a local miscellaneous member shall be 9 percent of the
compensation paid that member for service rendered on and after the
date the member's contracting agency elects to make local
miscellaneous members subject to the benefit formula provided in
Section 21354.4.
   (5) The normal rate of contribution for a state miscellaneous or
industrial member, who has elected to be subject to Section 21353.5
and whose service is not included in the federal system, shall be 6
percent of the member's compensation.
   (6) The normal rate of contribution as established under this
subdivision for a member whose service is included in the federal
system, and whose service retirement allowance is reduced under
Section 21353, 21353.5, 21354, or 21354.1, 21354.3, or 21354.4
because of that inclusion, shall be reduced by one-third as applied
to compensation not exceeding four hundred dollars ($400) per month
for service after the date of execution of the agreement including
service in the federal system and prior to termination of the
agreement with respect to the coverage group to which he or she
belongs. Notwithstanding the foregoing, effective January 1, 2001,
the normal rate of contribution for school members whose service is
included in the federal system shall not be reduced pursuant to this
paragraph as applied to compensation earned on or after that date.
   (b) (1) The normal rate of contribution for a state miscellaneous
member whose service has been included in the federal system shall be
5 percent of compensation in excess of five hundred thirteen dollars
($513) per month paid that member for service rendered on and after
July 1, 1976.
   (2) The normal rate of contribution for a state miscellaneous or
industrial member, who has elected to be subject to Section 21353.5
and whose service has been included in the federal system, shall be 5
percent of compensation, subject to the reduction specified in
paragraph  (6) of subdivision (a).
   (c) The normal rate of contribution for a state miscellaneous or
state industrial member who is subject to Section 21076 or 21077
shall be 0 percent.
   (d) A member who elected to become subject to Section 21353 solely
for service rendered on or after the effective date of the election,
as authorized by subdivision (c) of Section 21070 during the period
between November 1, 1988, and October 31, 1989, is not required to
make the contributions specified in Section 21073.
   (e) A member who elects to become subject to Section 21353 or
21354.1, as applicable, shall contribute at the rate specified in
paragraph (1) of subdivision (a) or paragraph (1) of subdivision (b),
as determined by the member's status with the federal system, and
the rate shall be applied from the first of the month following the
date of the election.  A member who makes the election shall also
contribute for service prior to the date the contribution rate was
applied, in the manner specified in Section 21073 or 21073.1, as
applicable.
  SEC. 5.  Section 20687.1 is added to the Government Code, to read:

   20687.1.  (a) The normal rate of contribution for state peace
officer/firefighter members subject to Section 21363.3 shall be 8
percent of the compensation in excess of eight hundred sixty-three
dollars ($863) per month paid those members.  The Legislature
reserves the right to increase the rate of contribution of those
peace officer/firefighter members as it may find appropriate from
time to time.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached between the
Trustees of the California State University and the recognized
employee organization pursuant to Chapter 12 (commencing with Section
3560) of Division 4 of Title 1, the memorandum of understanding
shall be controlling without further legislative action, except that
if those provisions of a memorandum of understanding require the
expenditure of funds, those provisions shall not become effective
unless approved by the Legislature in the annual Budget Act.
  SEC. 6.  Section 20831.1 is added to the Government Code, to read:

   20831.1.  Any school employer that fails or refuses to report an
employee's compensation earnable required by this chapter within the
applicable time limitations shall be required to pay administrative
costs of five hundred dollars ($500) per member as a reimbursement to
this system's current year budget.
  SEC. 7.  Section 20962 of the Government Code is amended to read:
   20962.  One year of service credit shall be granted for service
rendered and compensated in a fiscal year in full-time employment for
any of the following:
   (a) One academic year of service for persons employed on an
academic year basis by the University of California, the California
State University system, or school employees who are certificated
members, under terms and conditions prescribed by the board.
   (b) Ten months of service for persons employed on a monthly basis.

   (c) Two hundred fifteen days of service after June 30, 1951, and
250 days prior to July 1, 1951, for persons employed on a daily
basis.
   (d) One thousand seven hundred twenty hours of service after June
30, 1951, and 2,000 hours prior to July 1, 1951, for persons employed
on an hourly basis.
   (e) Nine months of service for state employees represented by
State Bargaining Unit 3 and subject to the 9-12 pay plan or leave
plan, provided a memorandum of understanding has been agreed to by
the state employer and the recognized employee organization to become
subject to this subdivision.  A fractional year of credit shall be
given for service rendered in a fiscal year in full-time employment
for less than the time prescribed in this section.
  SEC. 8.  Section 20966 of the Government Code is amended to read:
   20966.  For the purpose of calculating retirement allowances,
credit for service rendered on a part-time basis in each fiscal year
shall be based on the ratio that the service rendered bears:
   (a) To one academic year if rendered on an academic year basis,
for members employed by the University of California, the California
State University system, or school employees who are certificated
members, under terms and conditions prescribed by the board.
   (b) To 10 months if rendered on a monthly basis.
   (c) To 215 days if the service was rendered after June 30, 1951,
or to 250 days if the service was rendered prior to July 1, 1951, for
services rendered on a daily basis.
   (d) To 1,720 hours if the service was rendered after June 30,
1951, or to 2,000 hours if the service was rendered prior to July 1,
1951, for service rendered on an hourly basis.
  SEC. 9.  Section 21354.1 of the Government Code is amended to read:

   21354.1.  (a) The combined current and prior service pensions for
school members, state miscellaneous or state industrial members, or
university members who are subject to the provisions of this section
is a pension derived from the contributions of the employer
sufficient, when added to the service retirement annuity that is
derived from the accumulated normal contributions of the member at
the date of retirement, to equal the fraction of one-fiftieth of the
member's final compensation set forth opposite the member's age at
retirement, taken to the preceding completed quarter year, in the
following table, multiplied by the number of years of current and
prior service, except service in a category of membership other than
that of a school member, state miscellaneous or state industrial
member, or university member or service covered under this retirement
formula with which the member is entitled to be credited at
retirement:


   Age at
retirement                                        Fraction
      50 ...................................        0.550
      50 1/4 ...............................        0.573
      50 1/2 ...............................        0.595
      50 3/4 ...............................        0.618
      51 ...................................        0.640
      51 1/4 ...............................        0.663
      51 1/2 ...............................        0.685
      51 3/4 ...............................        0.708
      52 ...................................        0.730
      52 1/4 ...............................        0.753
      52 1/2 ...............................        0.775
      52 3/4 ...............................        0.798
      53 ...................................        0.820
      53 1/4 ...............................        0.843
      53 1/2 ...............................        0.865
      53 3/4 ...............................        0.888
      54 ...................................        0.910
      54 1/4 ...............................        0.933
      54 1/2 ...............................        0.955
      54 3/4 ...............................        0.978
      55 ...................................        1.000
      55 1/4 ...............................        1.008
      55 1/2 ...............................        1.016
      55 3/4 ...............................        1.024
      56 ...................................        1.032
      56 1/4 ...............................        1.040
      56 1/2 ...............................        1.048
      56 3/4 ...............................        1.055
      57 ...................................        1.063
      57 1/4 ...............................        1.071
      57 1/2 ...............................        1.079
      57 3/4 ...............................        1.086
      58 ...................................        1.094
      58 1/4 ...............................        1.102
      58 1/2 ...............................        1.110
      58 3/4 ...............................        1.118
      59 ...................................        1.125
      59 1/4 ...............................        1.134
      59 1/2 ...............................        1.141
      59 3/4 ...............................        1.149
      60 ...................................        1.157
      60 1/4 ...............................        1.165
      60 1/2 ...............................        1.173
      60 3/4 ...............................        1.180
      61 ...................................        1.188
      61 1/4 ...............................        1.196
      61 1/2 ...............................        1.203
      61 3/4 ...............................        1.211
      62 ...................................        1.219
      62 1/4 ...............................        1.227
      62 1/2 ...............................        1.235
      62 3/4 ...............................        1.243
      63 and over ..........................        1.250

   (b) The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This subdivision shall not apply to school members whose service is
included in the federal system with respect to service performed on
or after January 1, 2001.
   (c) This section shall supersede Section 21353 for all school
members, all university members, and all state miscellaneous members,
with respect to service rendered for the California State University
or the legislative or judicial branch of government, who retire on
or after January 1, 2000.
   (d) This section shall also supersede Section 21353 for state
miscellaneous or state industrial members, for service not subject to
subdivision (c), who are employed by the state on or after January
1, 2000, and who do not elect under Section 21070.5 to be subject to
Second Tier benefits.
   (e) Operation and application of this section are subject to the
limitations set forth in Section 21251.13.
  SEC. 9.5.  Section 21354.1 of the Government Code is amended to
read:
   21354.1.  (a) The combined current and prior service pensions for
school members, state miscellaneous or state industrial members,
local miscellaneous members employed by a county superintendent of
schools specified in subdivision (e), or university members who are
subject to the provisions of this section is a pension derived from
the contributions of the employer sufficient, when added to the
service retirement annuity that is derived from the accumulated
normal contributions of the member at the date of retirement, to
equal the fraction of one-fiftieth of the member's final compensation
set forth opposite the member's age at retirement, taken to the
preceding completed quarter year, in the following table, multiplied
by the number of years of current and prior service, except service
in a category of membership other than that of a school member, state
miscellaneous or state industrial member, or university member or
service covered under this retirement formula with which the member
is entitled to be credited at retirement:


   Age at
retirement                                        Fraction
      50 ...................................        0.550
      50 1/4 ...............................        0.573
      50 1/2 ...............................        0.595
      50 3/4 ...............................        0.618
      51 ...................................        0.640
      51 1/4 ...............................        0.663
      51 1/2 ...............................        0.685
      51 3/4 ...............................        0.708
      52 ...................................        0.730
      52 1/4 ...............................        0.753
      52 1/2 ...............................        0.775
      52 3/4 ...............................        0.798
      53 ...................................        0.820
      53 1/4 ...............................        0.843
      53 1/2 ...............................        0.865
      53 3/4 ...............................        0.888
      54 ...................................        0.910
      54 1/4 ...............................        0.933
      54 1/2 ...............................        0.955
      54 3/4 ...............................        0.978
      55 ...................................        1.000
      55 1/4 ...............................        1.008
      55 1/2 ...............................        1.016
      55 3/4 ...............................        1.024
      56 ...................................        1.032
      56 1/4 ...............................        1.040
      56 1/2 ...............................        1.048
      56 3/4 ...............................        1.055
      57 ...................................        1.063
      57 1/4 ...............................        1.071
      57 1/2 ...............................        1.079
      57 3/4 ...............................        1.086

       58 ...................................        1.094
      58 1/4 ...............................        1.102
      58 1/2 ...............................        1.110
      58 3/4 ...............................        1.118
      59 ...................................        1.125
      59 1/4 ...............................        1.134
      59 1/2 ...............................        1.141
      59 3/4 ...............................        1.149
      60 ...................................        1.157
      60 1/4 ...............................        1.165
      60 1/2 ...............................        1.173
      60 3/4 ...............................        1.180
      61 ...................................        1.188
      61 1/4 ...............................        1.196
      61 1/2 ...............................        1.203
      61 3/4 ...............................        1.211
      62 ...................................        1.219
      62 1/4 ...............................        1.227
      62 1/2 ...............................        1.235
      62 3/4 ...............................        1.243
      63 and over ..........................        1.250

   (b) The fraction specified in the above table shall be reduced by
one-third as applied to that part of final compensation that does not
exceed four hundred dollars ($400) per month for all service of a
member any of whose service has been included in the federal system.
This subdivision shall not apply to school members whose service is
included in the federal system with respect to service performed on
or after January 1, 2001.
   (c) This section shall supersede Section 21353 for all school
members, all university members, and all state miscellaneous members,
with respect to service rendered for the California State University
or the legislative or judicial branch of government, who retire on
or after January 1, 2000.
   (d) This section shall also supersede Section 21353 for state
miscellaneous or state industrial members, for service not subject to
subdivision (c), who are employed by the state on or after January
1, 2000, and who do not elect under Section 21070.5 to be subject to
Second Tier benefits.
   (e) This section shall apply to the San Diego County
Superintendent of Schools if that agency elects to make its
miscellaneous members subject to this section by amendment to its
contract made in the manner prescribed for approval of contracts.
This section shall be operative with respect to the agency from the
effective date of the amendment to the agency's contract until
January 1, 2004, and shall only be applicable to the agency's
miscellaneous members who retire for service during that period.
  SEC. 10.  Section 4.5 of this bill incorporates amendments to
Section 20677 of the Government Code proposed by both this bill and
AB 2642.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2001, (2) each
bill amends Section 20677 of the Government Code, and (3) this bill
is enacted after AB 2642, in which case Section 4 of this bill shall
not become operative.
  SEC. 11.  Section 9.5 of this bill incorporates amendments to
Section 21354.1 of the Government Code proposed by this bill and SB
1396.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 21354.1 of the Government Code, and (3) this bill is
enacted after SB 1396, in which case Section 21354.1 of the
Government Code, as amended by SB 1396, shall remain operative only
until the operative date of this bill, at which time Section 9.5 of
this bill shall become operative, and Section 9 of this bill shall
not become operative.
